LGST 106

Attorney Howard has just gotten a "letter of reproval" from his state's lawyer disciplinary authority. He's cleaning out his desk, assuming that he is no longer authorized to practice law. You, his trusty paralegal, have one thing to say to him. What is it?

"A letter of reproval doesn't mean that you are disbarred!"

The law of the unauthorized practice of law says that it is UPL to "create legal documents for others." Given this rule, why is it that paralegals are routinely used to create legal documents in law firms?

The rule doesn't really address "creating" legal documents. It actually prohibits nonlawyers from "signing" legal documents in place of a lawyer.

Christopher is the owner of Christopher's Typing and Legal Services. His company is a corporation. The company was served with a notice that it is not in compliance with city ordinances regarding signage on the building. Unfortunately, Christopher forgot about the notice and now it has become a misdemeanor citation. Christopher:

cannot make a court appearance to argue the citation because he is not a lawyer and corporations must be represented by a lawyer.

Christopher is the owner of Christopher's Typing and Legal Services. Sophia goes to Christopher and says, "I have to file bankruptcy because my house went into foreclosure. Where should I start?" Christopher replies, "If you pick out the form and fill it out, I will type it for you for $25.00. You don't have to have it typed. You can just buy the form for $5.00, fill it out in pen, and file it yourself." Christopher:

has not yet committed UPL in this hypothetical.

Paralegal Samson has just completed the legal case of his life as part of the team that represented Mrs. Incredibly Rich in her divorce from Mr. Incredibly Rich. Now that the case is closed, Samson is looking forward to telling his wife all about it. Samson:

must keep his client's confidences forever, so he can never tell his wife about the case.

Paralegal Denny has worked for the Johnson & Smith law firm for 5 years in their real estate department. When he leaves Johnson & Smith to take a job in the litigation department of Beck & Hein, Denny:

should discuss his new job and possible conflicts with his Johnson & Smith employers to ensure there is no allegation of release of confidential information sometime in the future.

The Legislature of the State of Flux is considering a "registration scheme" for paralegal regulation. An accurate translation of that is:

the state intends to ask practicing paralegals in Flux to identify themselves and provide contact information. Correct Answer: the state intends to ask practicing paralegals in Flux to identify themselves and provide contact information.

The State of Eufouria is considering a "title scheme" for paralegal regulation. An accurate translation of that is:

the state intends to define the word paralegal and regulate who may use that "title" by specifying qualities such as proper education, training, and experience.

Law enforcement officials may only solicit clients for attorneys when the individuals solicited are being held in a jail or lock-up awaiting trial for a criminal offense.

False

Attorney Howard has just gotten a "letter of suspension" from his state's lawyer disciplinary authority. He's sitting at his desk working on one of the cases assigned to him. You, his trusty paralegal, have one thing to say to him. What is it?

"Maybe we should research the law to see if you are allowed to do paralegal work during your suspension."

Anton is attending a paralegal school at night and looking for his first paralegal job. As he considers the different levels of pay offered by law firms and government agencies, he is struck by the question of overtime pay. He doesn't understand what the word "exempt" is doing in the ads. You can help him because you know that:

"exempt" means that paralegals are considered employees who are exempt from overtime pay; that is, they are not paid overtime.

Under MD law title insurance companies must utilize attorneys to examine real property titles to avoid an unauthorized practice of law charges.

False

Horatio is attending a paralegal school and has begun investigating the various national paralegal organizations. When he comes across the initials NFPA, he can't figure out what the letters stand for. You, his very clever friend, can say that they stand for:

National Federation of Paralegal Associations.

While sitting in a conference room with Client Accused, Paralegal Sofia asks, "Why did you kill your wife?" Accused responds, "Don't tell anyone, but I just couldn't take her nagging one more day." When Sofia is called to the witness stand by the prosecution in Accused's case, she:

will not have to testify as to the confession because it is covered by the attorney/client privilege. Correct Answer: will not have to testify as to the confession because it is covered by the attorney/client privilege.

Paralegal Olivia is moving to Ohio, a state where paralegals can get "certified." She asks you what she can expect when she goes to get a new job there. You can tell her that:

all of the above are true.

Abigail Attorney is a sole practitioner. When she hires her first paralegal, she wants her law firm to reflect that 100% growth. She changes the name of the firm to Abigail Attorney & Associates and gets paralegal business cards that designate the paralegal as an "associate."Which of the following statements is true?

Abigail really needs help from her paralegal! She cannot call her paralegal "an associate" because that will mislead the public into thinking that the paralegal is a lawyer and, since she cannot call the paralegal "an associate," she cannot change the name of the law firm because that would be misleading, too.

Paralegal Cheri worked on the defense of Client Joe Thames. As part of that matter, Cheri worked on restructuring Joe's finances, creating trust funds for his children, and moving some of his money to off-shore accounts. When Cheri moved to the Gnew Law Firm, she participated in Gnew's standard conflict check and discovered no potential conflicts. Some months later, Gnew took on a new collection matter from Bank of West Virginia: Bank v. Joe Thames. Cheri has not been assigned to the case and, in fact, doesn't even work on the same floor as the collection team at Gnew. What is Cheri's obligation?

Cheri must bring this information to her supervising lawyer even though she is not working on the case because the law assumes that she will divulge confidential information that is adverse to her former client.

Drake Paralegal's cell phone rang. When he answered it, his best friend, who lives in another state, was on the line. He said, "Drake! I've just been stopped by the police! What should I do?" Drake responded, "Keep your mouth shut and obtain a lawyer for assistance." Then the phone connection was lost. Which of the following is true?

Drake's response was not UPL because it was not legal advice, just common-sense advice.

A "lawyer" under MD law is someone with a law degree but who has not yet been admitted to the Bar.

False

An attorney lawfully admitted to practice in another state may use the title of "'lawyer" in MD.

False

If an attorney's right to practice law in MD is suspended, the individual may not act to collect and discharge accounts receivable.

False

In MD if an attorney has been disbarred, it is a defense to the charge of unauthorized practice of law if the disbarred attorney did no work directly but rather acted through an employee who is a MD attorney.

False

In MD, the MD State Board of Law Examiners investigates all complaints of unauthorized practice of law.

False

Isabella is a paralegal sharing an office with a law clerk. The clerk (Jacob) was asked to research a legal ethical issue. Jacob found a case that referred to EC 1-1 and doesn't know what this reference means. Isabella should tell Jacob that "EC" refers to:

an ABA Model Code (or state code) Ethical Consideration.

Sandy Glastor (Paralegal) has joined his family for Thanksgiving. Sandy's grandfather asks a general question (to everyone sitting at the table) about writing a holographic will on letterhead stationery: "Does the printed part of the stationery invalidate the will because the will is not written entirely in the testator's handwriting?" Sandy takes Grandfather's question as hypothetical and responds to it, with everyone else at the table throwing in their opinions. Later that night, Grandfather rewrites his holographic will on a blank piece of paper based on Sandy's reply to the question. Which of the following is true?

Sandy is guilty of UPL because he applied his knowledge of the law to a legal question and gave an answer.

An attorney who has been disbarred in MD may continue to discharge existing obligations.

True

In MD, giving advice about a case that MAY be filed in a court but ultimately is not filed is considered practicing law.

True

Under MD law, anyone found to be engaged in the unauthorized practice of law may face an injunction to stop the practice.

True

While at the district attorney's office, Paralegal Fritz worked on the prosecution of thousands of cases. Fritz feels trapped in that job. Even though he would like to move into the defense side for a law firm where he could get a higher salary, he's staying put because he knows that he would raise conflict issues at all of the local firms. As Fritz's friend, you:

advise him to talk to some larger firms and discuss building ethical walls for cases that potentially create conflicts.

Paralegal Ava is writing a brief in defense of a lawyer facing disciplinary charges. Ava has a choice between citing her state's professional conduct rule 3.7 (on the lawyer acting as a witness in his own trial) or ABA Model Rule 3.7. Both rules say exactly the same thing, but the ABA Rule has explanatory Comments, and her state law does not. Her best choice is to:

cite her state's rule. This is true because lawyers in Ava's state are bound by the laws of that state, not the "models" written by the ABA. She can still refer to the Comments if she needs them.

Christopher is the owner of Christopher's Typing and Legal Services. Sophia goes to Christopher and says, "I have to file bankruptcy because my house went into foreclosure. Where should I start?" Christopher takes Sophia to a wall filled with clear boxes of forms and says, "Pick the form that you want to use." When Sophia starts to pull the Chapter 11 form out of the box, Christopher shakes his head very slightly. Sophia puts the form back. Then she reaches for the Chapter 7 form and glances sideways at Christopher. He smiles. Christopher:

committed UPL when he indicated to Sophia that she should not use the Chapter 11 form.

than Lawyer is in a hurry today (just like every day). As he is running out the door to a hearing, he says to Isabella Paralegal, "Call Ms. Client and tell her that she should not pay the tax penalty because IRS Code 502 says she doesn't have to." Later that day, Isabella calls Ms. Client and says, "Ms. Client? This is Isabella at Ethan Lawyer's office. I'm calling to say that you should not pay the tax penalty. IRS Code 502 says that you don't have to." Isabella:

committed an act of misrepresentation when she did not identify herself as a paralegal.

Emma is a freelance paralegal who is doing some legal research for a client law firm in another state-the State of Pennada. This is making her research a little more complicated. As is often the case, there is no law in Pennada on the issue she is researching. There is, however, case law (a case directly on point) from her own state that also uses the ABA Model Rules as the basis for its state law. The next step that Emma should take in her research is to:

compare the relevant Pennada professional conduct rule with the corresponding rule in her own state. If they are the same, then she may be able to use the case she found.

Denny Driver has an insurance policy for his car that is like everyone else's insurance policy. It provides that if he is sued as a result of a car accident, the insurance company will provide a lawyer for his defense. Although common, this policy:

does not create a conflict because the lawyer's loyalty is to Denny (the client) regardless of the fact that the insurance company is paying for the representation.

Paralegal Sofia is moving to a state where paralegals are "registered." She asks you what she can expect when she goes to get a new job there. You can tell her that:

most registration statutes do not have a minimum requirement for education or training. The purpose of registration is just to allow the state to find the registered person.

Ethan Lawyer is in a hurry today (just like every day). As he is running out the door to a hearing, he says to Isabella Paralegal, "Call Ms. Client and tell her that she should not pay the tax penalty because IRS Code 502 says she doesn't have to." Later that day, Isabella calls Ms. Client and says, "Ms. Client? This is Isabella at Ethan Lawyer's office. I'm calling to say that you should not pay the tax penalty. IRS Code 502 says that you don't have to." Isabella:

has not yet committed UPL in this hypothetical.

After working on the defense side of asbestos litigation for many years, Paralegal Kawika decides that he wants to work for a small firm and branch out away from asbestos into real estate or family law. Kawika sends out some resumes and gets a call from a law firm that primarily does real estate and family law, but also represents some asbestos plaintiffs. Kawika should:

interview with this firm and accept an offer only after getting a written waiver of the conflict from his current employer.

Emily is a paralegal from Florida who is considering a move to Hawaii. She read the following statement on the Internet: "Paralegals in Hawaii are regulated directly by the Hawaii Supreme Court." Based on what you have learned about paralegal regulation across the United States, this statement:

is most likely not accurate.

Emily works as a tax accountant. Yesterday she gave her client (Mr. Johnston) some bad legal advice when she told him that he can move his money to an off-shore bank and renounce his American citizenship in order to protect his money from U.S. taxes. As a result of this advice, Emily:

is not guilty of UPL because tax accountants typically give this type of advice as part of being an accountant.

Jacob has been a paralegal for over 10 years and is now in his third year of law school. As part of his law school training, Jacob is participating in the school's Law Student Defense project where certain law students represent indigent criminal defendants in court. When Jacob is in court, he:

is not guilty of UPL because the law permits law students participating in these types of projects to benefit indigent defendants by practicing law under the supervision of a lawyer.

Grif Griffin is a paralegal. His cousin, Snap Griffin, got a speeding ticket for which a court appearance is mandatory. Snap is afraid that he will be sent to jail for other outstanding speeding violations and fines if he appears in jail. Snap has Grif make his appearance for him. Grif:

is practicing law as soon as he opens his mouth in court to represent Snap.

Andrew Paralegal works for Madeline Attorney, a very busy woman. Sometimes when Andrew needs to have his work supervised, Madeline is too busy. Andrew is pretty self-sufficient, so he just deals with it, covering up for the fact that Madeline does not review his work. Andrew:

is probably guilty of UPL because his work is not being supervised. He is essentially practicing law if Madeline does not review his work.

During an interview with Client Xavier, Paralegal Joshua learns that Xavier played on the Olympic team for Spain that won the silver in 1992. Joshua, an avid soccer fan, can't wait to call his dad to share this information. Joshua:

may have divulged confidential client information if the information has anything to do with the representation of Xavier by Joshua's law firm.

Bill and Jan want to document a small transaction. Bill is going to sell his coffee shop, and Jan is going to buy it. Bill and Jan go to the Law Offices of Larry Lawyer to draw up the contract. Larry should:

not agree to draft a contract for both parties because there is a conflict of interest.

Paralegal Patty has been working in the corporate department of the law firm of Tan & Lee for several years. Her job includes attending board meetings for some of the corporations, writing corporate minutes, and keeping the corporate minute books up to date. Over the years, she has come to know many of the corporate officers very well. One of these officers asks Patty to change some of the facts in one set of corporate minutes. Patty should:

not make the change without a vote from the entire board because the corporation is the client.

You live in the State of Mesaro. According to Mesaro state law, lay people may represent claimants before the Workers' Compensation Appeals Board. This Board hears appeals from people who have been denied workers' compensation after being injured on the job. Johanna leased space in an office building and put a sign on the door that says "Johanna Ritter-Workers' Compensation Appeals Representative." This sign is:

not misrepresentation as long as Mesaro state law does not include specific verbiage that Johanna must use and as long as the language is not otherwise confusing to the public.

Ethan Lawyer is in a hurry today (just like every day). As he is running out the door to a hearing, he says to Isabella Paralegal, "Call Ms. Client and tell her that she should not pay the tax penalty because IRS Code 502 says she doesn't have to." Later that day, Isabella calls Ms. Client and says, "Ms. Client? This is Isabella at Ethan Lawyer's office. I'm calling to say that you should not pay the tax penalty. IRS Code 502 says that you don't have to." Isabella:

probably did not commit UPL because she was just acting as the conduit of information from lawyer to client.

While at Scott & French, Paralegal Nancy worked as part of the litigation team representing the plaintiff in Big Corp. vs. Little Corp. When Nancy leaves Scott & French to accept a job with William & Marks, she learns that her new employer is contemplating representing Big Corp. in a merger with Medium Corp. Nancy:

probably does not have a conflict of interest because the new representation does not appear to be materially adverse to the former representation.

Claudio wants to change his student visa to a work permit visa. He goes to the ABC Legal Clinic, but there are no lawyers there-only paralegals. Claudio is okay with that because he can fill out the form without help. However, when he gets to the blank that says "Middle Name" he doesn't know what to do. Claudio doesn't have a middle name. When he asks a paralegal at the ABC Legal Clinic what to do with this blank, the paralegal:

should give Claudio the answer because the answer to such a question does not entail "giving legal advice." should get the instructions for filling out the form, circle the answer to that question, and hand it to Claudio to avoid UPL.

Paralegal Timothy works for a sole practitioner whose primary practice is wills and trusts. As a result, Timothy spends a great deal of his time with elderly people. Timothy is a sweet and helpful person. He runs errands for many clients, and helps them in many other ways. As a result, more than one client has offered to leave Timothy money in his/her will. Timothy:

should never encourage or permit this practice because gifts from clients create conflicts of interest.

Jody and Sam have agreed to end their marriage amicably. They have worked out all of the details of who will get what assets and how their money will be divided. In order to save money, they want to hire one lawyer to write up their agreement. Larry Lawyer:

should not take this representation because, even if Jody and Sam have agreed to all of the details of their agreement, there is a conflict of interest between the two people.

Waldo has a legal problem that is very technical in nature involving stem cell research. After searching for a lawyer who is well-versed in this area, Waldo decided that he really needs a doctor to represent him because none of the lawyers contacted understand the technical medical part of the legal issue. Waldo hires a doctor to represent him who is not a lawyer authorized to practice law. Waldo is satisfied with the doctor's ability to argue the law. If the doctor represents Waldo:

the doctor will be guilty of the unauthorized practice of law if he gives Waldo any legal advice or represents him in court.